Who Is Liable for an Injury Suffered at the Beach?
Like all situations, it depends on the facts. We need to know how the accident happened, who caused it, and how. The beach is like any other public space. Who is liable for injuries may or may not be clear, so a personal injury attorney can be the difference between no and fair compensation for the harm you suffer.
If you or a loved one are injured by another party’s negligence at a beach or elsewhere you may have a premises liability claim; Orange County personal injury attorney Aaron Hicks at the Hicks Law Firm is available to assist you in any way we can. Call (949) 541-9944 or complete our online contact form today to discuss your case.
A Day at the Beach Can Be Fun Until Someone Gets Hurt
A beach can be a great place to spend a summer day unless you or a loved one are injured. Any number of accidents could happen:
- A lack of lifeguards in an area may lead to severe injuries or death by drowning
- Dangerous areas may not be sufficiently gated or fenced off
- Hazard and warning signs may be missing or insufficient
- You may slip and fall on the property of vendors, like food and drink sellers
- Rutted and cracked parking lots can cause trips and falls
- Irresponsible beach users may not be under sufficient control and injure others. Jet skiers, surfers, wakeboarders, boaters, parasailers, and others may not pay attention to, or care about, others in the surrounding area
- Environmental conditions like toxic chemicals and sewage in the water can cause many health problems
Depending on the situation, individuals causing these problems may be liable, and the entity responsible for the beach may be liable if they fail to prevent them from happening.
How Might This Play Out?
Some real-life beach injuries and deaths include:
- A person was attacked by a shark and suffered significant injuries in the waters off Pacific Grove Beach in 2022, according to ABC News. If lifeguards knew of the presence of sharks in the area and delayed or failed to warn swimmers and beachgoers, their employer may be liable for injuries
- Cliffs border some California beaches. They can become unstable and fall onto the beach. Anyone in the area could be seriously injured or killed by falling debris. A government entity responsible for a beach not regularly checking the stability of cliffs, or ignoring warnings that one may soon collapse, may be liable for resulting injuries and deaths
- Many Californians ride bikes to the beach and enjoy riding through the area. The driver may be liable if a vehicle strikes a bicyclist, leaving them seriously or fatally injured. If a bicyclist negligently collides into a pedestrian or other bicyclist at the beach and causes injuries, they could be liable
- The cause of a recent death of a California attorney at a Mexican beach resort is disputed by his family. It may have been due to an accidental fall, or he may have been a crime victim. If you’re attacked by a criminal at or near a California beach, the property owner may be liable for negligent security. Property owners, landlords, and businesses are legally responsible for protecting their guests and patrons. They may be liable if a foreseeable criminal attack happens on their premises which could and should’ve been prevented if proper security precautions were used
- A woman was killed in a fall during a parasailing excursion off a Florida beach in 2012 due to a frayed, worn-out harness that fell apart when she was about 450 feet in the air. If that happens in California, the owner of the boat towing the parasailer and those operating it would face liability for their negligence
Unfortunately, beach accidents and injuries happen every day, so it’s a constantly evolving area of law.
Contact an Experienced Personal Injury Lawyer in Costa Mesa
Beach injury cases can be complex and take time to settle or win at trial. An experienced and knowledgeable personal injury attorney may be the difference between success and failure.
Aaron Hicks is a personal injury accident attorney in Costa Mesa at the Hicks Law Firm who has handled thousands of premises liability claims, including those occurring at California beaches and nearby areas. If you’ve suffered injuries caused by another, call 949-541-9944 or fill out our online contact form so we can start the conversation.
Aaron Hicks is a civil trial attorney and founder of Hicks Law Firm, based in Orange County with offices in San Diego and Tennessee. His practice includes representing plaintiffs in personal injury cases including motor vehicle accidents, premises liability, dog bites and wrongful death. Mr. Hicks is and AV Rated attorney, Super Lawyer and is currently on the Board of Directors of the Orange County Trial Lawyers Association where he serves as 1st Vice President.
